Major changes in adoption law and procedures have been announced by the Minister for Children, Mr Brian Lenihan, who yesterday released the heads of a new Adoption Bill.
His proposals have been broadly welcomed by those involved in the adoption process.
The Government approved the drafting of a new Adoption Bill at its meeting last month, and it is hoped to publish it in the autumn, Mr Lenihan said yesterday.
This follows a consultation process that began in October 2003, and included a two-day conference with all those involved in adoption, as well as written submissions. The result of this process was published in a consultation paper, drawn up with the assistance of child law expert, Mr Geoffrey Shannon, which was launched yesterday.
Referring to the consultation process, Mr Lenihan said: "In some cases there was consensus and in some cases it was not possible to reach agreement. In some cases the constitutional or legal position limits what we can do. The document attempts to set out the position in a 'warts and all' way, and to be realistic about the possibilities."
The legislative proposals include a number of measures that will allow ratification of the Hague Convention on Protection of Children and Co-operation in Inter-country Adoptions; the setting up of an Adoption Authority, replacing the Adoption Board; the establishment of a voluntary Contact Preference Register; the extension of guardianship and allowing children in long-term foster care seek adoption by their foster families when they reach the age of 18.
"Many of the problems faced by people wanting to find out about their natural families were related to the service provision rather than the legislation," Mr Lenihan said.
The Adoption Board had decided to set up a National Information and Tracing Service, and €1 million had been provided in the 2005 Estimates to start this process.
Other recommendations from the board included the establishment of a National Records Index and the national voluntary Contact Preference Register. Work on computerising the Adoption Board's records, and those of some health boards, had begun, the Minister said.
He also addressed the issue of the delays in assessments of prospective parents for inter-country adoptions. This was due mainly to the difficulty in recruiting social workers, and the fact that they were badly needed to look after vulnerable children in Ireland. Some additional resources had been provided and the Adoption Board had also been asked to examine the problem.
One source of concern that had emerged during the process was the lack of any Irish-based research on adoption, he said. The Adoption Board had initiated a review of the outcomes of inter-country adoptions in Ireland, and the new Adoption Authority would commission further studies.
Adoption Ireland, which represents those adopted; the Natural Parents Network of Ireland and the Foster Care Association welcomed the proposals.
Mr Anton Sweeney, of Adoption Ireland, said: "Without taking away from what has been announced today, we can't forget that adopted people still must go through an entirely unnecessary and rigorous process just to get their own birth certificates, and we are still denied our own information from our adoption files. We've been promised that a further Bill will address these issues."
Ms Pat Whelan, of the Foster Care Association, said: "Section 10 (on guardianship) will allow foster parents to sign passports, to sign for medical treatment and, most importantly, to sign forms from schools concerning matters like insurance. The proposal to ease the adoption of children in long-term foster care is also welcome."
Ms Bernie Harold, of the Natural Parents Network, also broadly welcomed the proposals, and said they looked forward to details on the search and reunion proposals.
Adoption Bill: main provisions
The replacement of the Adoption Board by an Adoption Authority, representative of those affected by adoption as well as experts.
This will take on the role of central authority under the Hague Convention on the Protection of Children and Co-operation in Inter-country Adoptions.
The Hague Convention will be ratified, and adoptions will only be allowed from Hague Convention countries or countries with which there are bilateral agreements.
There will be an age limit of 50 for application for assessment for inter-country adoption.
The Adoption Authority will develop best practice, set down guidelines and commission research.
It will set up a contact preference register.
It will have extensive powers in relation to adoption records, including the power to seize them, and will set up and manage a national records index.
It will be able to attach conditions to adoption orders, allowing for continuing contact with the birth family where this is in the best interests of the child.
People over 18 who have been in foster care with the same family can be adopted by that family.
Foster parents of children in long-term care can apply for guardianship.
Step-parents can apply for guardianship without the necessity for the family to adopt the natural child of one of the couple. - Carol Coulter